Author(s)

Cai Yuze ¹

Affiliation(s)

¹ China Jiliang University, Hangzhou, China

Corresponding Author

Cai Yuze

ABSTRACT

Compared to traditional tort law remedies, unjust enrichment rules—by simplifying the burden of proof and broadening the scope of restitution—better align with the dynamic nature of data value generation and the often concealed character of data-related harm. This makes them more effective in safeguarding the relevant rights and interests of data originators. When applied in conjunction with the Civil Code and the Personal Information Protection Law, these rules can establish a dual-track relief mechanism characterized as "disgorgement of gains plus compensation for losses." This mechanism effectively deters enterprises from "free-riding" on data and helps channel benefits back to the originators. To address conflicts arising from the dual attributes of data-related rights and the challenge of balancing multiple interests, this study proposes adaptable solutions, including categorical treatment of cases, a dynamic benefit calculation model, and a tiered allocation of the burden of proof, thereby ensuring effective protection for data originators.

KEYWORDS

Unjust Enrichment Rules; Rights and Interests of Data Originators; Data-Related Rights and Interests; Dual-Track Relief Mechanism

CITE THIS PAPER

Cai Yuze. Research on the Application of Unjust Enrichment Rules in Protecting the Rights and Interests of Data Originators. Science of Law Journal (2025) Vol. 4: 113-118. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040516.

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